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Justiceline: June 29, 2012

By Ian Millhiser on June 29, 2012 at 7:42 am

"Justiceline: June 29, 2012"

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Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

  • We will have more to say on the deeply radical dissent four justices joined in yesterday’s health care opinion, but at the outset it is worth noting that these four were prepared to strike the entire Affordable Care Act to spite a provision that was only unconstitutional if you ignored nearly 200 years of established law.
  • Additionally, several commentators have noted signs that this radical dissent could have originally been a majority opinion — before Chief Justice Roberts switched his vote.
  • Meanwhile, in non-health care news. Sen. Mike Lee (R-UT), who has waged a lonely campaign against every single person nominated by President Obama to any job, suddenly thinks he’s in a position to make demands.
  • Lee’s fellow Utahn Sen. Orrin Hatch (R) easily beat back a Tea Party challenger in his state’s GOP primary.
  • And, finally, a moment to brag. Two years ago, I helped draft a brief on behalf of several patient groups explaining why the individual mandate was essentially to allow the Affordable Care Act’s insurance reforms to function properly. My co-counsel Si Lazarus and Rochelle Bobroff filed a similar version of that brief in the Supreme Court, and I was both pleased and honored to see that it was quoted twice by Justice Ginsburg in her concurring/dissenting opinion.

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